Even though the device followed Sveum's car to private places, an officer tracking Sveum could have seen when his car entered or exited a garage, Lundsten reasoned. Attaching the device was not a violation, he wrote, because Sveum's driveway is a public place.
This is the part that bothers me the most, besides violating the 4th amendment, the driveway is usually part of someone's private property! Since when is my driveway a public place? Yes it can be seen from public view, but that does not make it a public place. Now, after having said that, the cops could have just followed him and waited for him to go to a public place to attach the GPS to his car. I still don't like it but it can be done that way too.